Yukon Surface Rights Board Act (S.C. 1994, c. 43)

Marginal note:Definitions

• 58. (1) In this section,

  “identified site”

  « emplacement déterminé »

  “identified site” means a site for a hydro-electric or water storage facility on settlement land that is identified on the map of that settlement land annexed to the final agreement of a Yukon first nation;

  “unidentified site”

  « emplacement indéterminé »

  “unidentified site” means a site for a hydro-electric or water storage facility on settlement land that is not an identified site.

• Marginal note:Compensation for identified site

  (2) In making an order under section 55 in respect of the expropriation of settlement land for the construction, maintenance and operation of a hydro-electric or water storage facility at an identified site, the Board shall not

  • (a) fix compensation for anything other than improvements to the settlement land; or

  • (b) fix compensation in an amount that, together with all other compensation provided to Yukon first nations in respect of the facility whether pursuant to such an order or otherwise, would exceed three per cent of the cost of construction of the facility.

• Marginal note:Compensation for unidentified sites

  (3) In making an order under section 55 in respect of the expropriation of settlement land for the construction, maintenance and operation of a hydro-electric or water storage facility at an unidentified site, the Board shall not

  • (a) take into consideration the cultural or other special value to the Yukon first nation of the land or any land to be provided as compensation for the expropriation; or

  • (b) fix compensation for improvements to the settlement land in an amount that, together with all other compensation for improvements provided to Yukon first nations in respect of the facility whether pursuant to such an order or otherwise, would exceed three per cent of the cost of construction of the facility.

Marginal note:Definitions

59. In this section and sections 60 to 62,

“land”

« terre »

“land” includes any interest in land recognized by law;

“reservation”

« réserve »

“reservation” means

• (a) a reservation made in the land records of the Northern Affairs Program of the Department of Indian Affairs and Northern Development, or

• (b) in the case of land under the administration and control of the Commissioner of the Yukon Territory, a reservation or notation made in the land records of the Lands Branch of the Department of Community and Transportation Services of the Government of the Yukon Territory.